Filed: Sep. 03, 2019
Latest Update: Sep. 03, 2019
Summary: STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, GAUKROGER ENTERPRISES REAL ESTATE & INVESTMENT CO., LTD 401(k) PLAN AS TO AN UNDIVIDED 86.785% INTEREST AND AVALON GOLDINVESTMENT, LLC AS TO AN UNDIVIDED 13.215% INTEREST KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between claimant, GAUKROGER ENTERPRISES REAL ESTATE & INVESTMENT CO., LTD 401(k) PLAN AS TO AN UNDIVIDED 86.785% INTEREST AND AVALON GOLDINVESTMENT, LLC AS TO AN UNDIVIDED 13.215% I
Summary: STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, GAUKROGER ENTERPRISES REAL ESTATE & INVESTMENT CO., LTD 401(k) PLAN AS TO AN UNDIVIDED 86.785% INTEREST AND AVALON GOLDINVESTMENT, LLC AS TO AN UNDIVIDED 13.215% INTEREST KIMBERLY J. MUELLER , District Judge . IT IS HEREBY STIPULATED by and between claimant, GAUKROGER ENTERPRISES REAL ESTATE & INVESTMENT CO., LTD 401(k) PLAN AS TO AN UNDIVIDED 86.785% INTEREST AND AVALON GOLDINVESTMENT, LLC AS TO AN UNDIVIDED 13.215% IN..
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STIPULATION AND WITHDRAWAL OF VERIFIED CLAIM AND ANSWER OF LIENHOLDER, GAUKROGER ENTERPRISES REAL ESTATE & INVESTMENT CO., LTD 401(k) PLAN AS TO AN UNDIVIDED 86.785% INTEREST AND AVALON GOLDINVESTMENT, LLC AS TO AN UNDIVIDED 13.215% INTEREST
KIMBERLY J. MUELLER, District Judge.
IT IS HEREBY STIPULATED by and between claimant, GAUKROGER ENTERPRISES REAL ESTATE & INVESTMENT CO., LTD 401(k) PLAN AS TO AN UNDIVIDED 86.785% INTEREST AND AVALON GOLDINVESTMENT, LLC AS TO AN UNDIVIDED 13.215% INTEREST ("Claimant"), by and through her undersigned counsel, Edward T. Weber, and Plaintiff, the United States of America ("Plaintiff"), by and through its undersigned counsel, Kevin C. Khasigian, Assistant U.S. Attorney, as follows:
1. Claimant asserted a lienholder interest in the defendant property located at 6501 14th STREET, RIO HONDO, CALIFORNIA 95673, SACRAMENTO COUNTY, APN: 207-0230-004-0000.
2. Claimant filed an answer to the complaint in this case on 5/22/2018.
3. The loan has since been satisfied and Claimant no longer has an interest in the defendant real property located at 6501 14th STREET, RIO HONDO, CALIFORNIA 95673, SACRAMENTO COUNTY, APN: 207-0230-004-0000.
4. Accordingly, Claimant hereby withdraws its claim filed in the above-captioned case on May 21, 2018, with respect to 6501 14th STREET, RIO HONDO, CALIFORNIA 95673, SACRAMENTO COUNTY property [Dk. 18], and its answer filed in the above-captioned case on May 22, 2018 [Dk. 19].
5. To the extent required under the Federal Rules of Civil Procedure, Rule 41(a), Plaintiff agrees to dismiss with prejudice Claimant in the above-captioned case pursuant to the Federal Rules of Civil Procedure, Rule 41(a). Defendant Real Property Located at 6501 14th STREET, RIO HONDO, CALIFORNIA 95673, SACRAMENTO COUNTY is the in rem Defendant.
6. Each party hereto is to bear its own costs; and
7. Claimant is hereby removed from the Service List for the above-captioned case.
LAW OFFICES OF EDWARD T. WEBER
By: /s/Edward T. Weber
EDWARD T. WEBER, ESQ.
Attorneys for Lienholder/Claimant
McGREGOR W. SCOTT
UNITED STATES ATTORNEY
Dated: September 3, 2019.
/s/Kevin C. Khasigian
KEVIN C. KHASIGIAN
Assistant U.S. Attorney
(Authorized by email)
ORDER
The Court has read and considered the Stipulation of Withdrawal of Verified Claim and Answer by GAUKROGER ENTERPRISES REAL ESTATE & INVESTMENT CO., LTD 401(k) PLAN AS TO AN UNDIVIDED 86.785% INTEREST AND AVALON GOLDINVESTMENT, LLC AS TO AN UNDIVIDED 13.215% INTEREST ("Claimant"), and Plaintiff, United States of America ("Plaintiff"), by and through their respective counsel (collectively, the "Parties"). For the reasons stated in the Stipulation and for good cause shown,
IT IS HEREBY ORDERED as follows:
1. The Stipulation is approved.
2. Claimant's claim filed in the above-captioned case on May 21, 2018 [Dk. 18] is hereby deemed withdrawn.
3. Claimant's answer filed in the above-captioned case on May 22, 2018 [Dk. 19] is hereby deemed withdrawn.
4. Claimant is hereby deemed dismissed from the above-captioned case.
IT IS SO ORDERED.